PRIOR PRINTER'S NO. 960 PRINTER'S NO. 1158
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 851
Session of
2023
INTRODUCED BY LANGERHOLC AND FLYNN, JUNE 26, 2023
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 4, 2023
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, in rules of the road in general, further providing
3 for enforcement of failure to stop for school bus with
4 flashing red lights; IMPOSING A PENALTY; AND MAKING AN <--
5 EDITORIAL CHANGE.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3345.1(j)(3) of Title 75 of the <--
9 Pennsylvania Consolidated Statutes is amended to read:
10 § 3345.1. Enforcement of failure to stop for school bus with
11 flashing red lights.
12 * * *
13 (j) Department approval.--
14 * * *
15 (3) In order to facilitate the prompt implementation of
16 this section, regulations promulgated by the department under
17 this section during the two years following the effective
18 date of this section shall be deemed temporary regulations,
19 which shall expire no later than [five] six years following
1 the effective date of this section or upon promulgation of
2 final regulations. The temporary regulations shall not be
3 subject to:
4 (i) Sections 201, 202, 203, 204 and 205 of the act
5 of July 31, 1968 (P.L.769, No.240), referred to as the
6 Commonwealth Documents Law.
7 (ii) The act of June 25, 1982 (P.L.633, No.181),
8 known as the Regulatory Review Act.
9 (iii) Section 204(b) of the act of October 15, 1980
10 (P.L.950, No.164), known as the Commonwealth Attorneys
11 Act.
12 * * *
13 Section 2. This act shall take effect immediately.
14 SECTION 1. SECTIONS 3345(A.1)(1)(V) AND 3345.1 OF TITLE 75 <--
15 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
16 § 3345. MEETING OR OVERTAKING SCHOOL BUS.
17 * * *
18 (A.1) REPORTS BY SCHOOL BUS OPERATORS.--
19 (1) THE OPERATOR OF A SCHOOL BUS WHO OBSERVES A
20 VIOLATION OF SUBSECTION (A) MAY PREPARE A SIGNED, WRITTEN
21 REPORT WHICH INDICATES THAT A VIOLATION HAS OCCURRED. TO THE
22 EXTENT POSSIBLE, THE REPORT SHALL INCLUDE THE FOLLOWING
23 INFORMATION:
24 * * *
25 (V) WHETHER THE SCHOOL BUS IS EQUIPPED WITH A SIDE
26 STOP SIGNAL ARM ENFORCEMENT SYSTEM UNDER SECTION 3345.1
27 (RELATING TO AUTOMATED ENFORCEMENT OF FAILURE TO STOP FOR
28 SCHOOL BUS WITH FLASHING RED LIGHTS).
29 * * *
30 § 3345.1. [ENFORCEMENT] AUTOMATED ENFORCEMENT OF FAILURE TO
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1 STOP FOR SCHOOL BUS WITH FLASHING RED LIGHTS.
2 (A) GENERAL RULE.--A SCHOOL ENTITY MAY INSTALL AND OPERATE A
3 SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM FOR THE PURPOSE OF
4 ENFORCING [THE PROVISIONS OF SECTION 3345 (RELATING TO MEETING
5 OR OVERTAKING SCHOOL BUS) AS REPORTED UNDER SECTION 3345(A.1)]
6 THIS SECTION.
7 (A.1) VIOLATION AND LIABILITY.--
8 (1) A MOTOR VEHICLE MEETING OR OVERTAKING A SCHOOL BUS
9 STOPPED ON A HIGHWAY OR TRAFFICWAY WHEN THE RED SIGNAL LIGHTS
10 ON THE SCHOOL BUS ARE FLASHING AND THE SIDE STOP SIGNAL ARMS
11 ARE ACTIVATED AS DESCRIBED IN SECTION 3345 (RELATING TO
12 MEETING OR OVERTAKING SCHOOL BUS) IS A VIOLATION OF THIS
13 SECTION.
14 (2) THE OWNER OF A MOTOR VEHICLE THAT VIOLATES PARAGRAPH
15 (1) SHALL BE LIABLE FOR THE PENALTY IMPOSED UNDER SUBSECTION
16 (C), UNLESS THE OWNER IS CONVICTED OF A VIOLATION OF SECTION
17 3345 OR HAS A DEFENSE UNDER SUBSECTION (F). FOR THE PURPOSES
18 OF THIS SECTION, THE LESSEE OF A LEASED VEHICLE SHALL BE
19 CONSIDERED THE OWNER OF A MOTOR VEHICLE.
20 (B) APPLICABILITY.--
21 [(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THIS SECTION
22 SHALL APPLY TO AN OWNER OF A MOTOR VEHICLE MEETING OR
23 OVERTAKING A SCHOOL BUS STOPPED ON A HIGHWAY OR TRAFFICWAY
24 WHEN THE RED SIGNAL LIGHTS ON THE SCHOOL BUS ARE FLASHING AND
25 THE SIDE STOP SIGNAL ARMS ARE ACTIVATED AS DESCRIBED IN
26 SECTION 3345.]
27 (2) NOTHING IN THIS SECTION SHALL SUPERSEDE THE
28 PROVISIONS OF:
29 (I) SECTION 3105(H) (RELATING TO DRIVERS OF
30 EMERGENCY VEHICLES).
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1 (II) SECTION 3345 (C) OR (D).
2 (C) [LIABILITY] PENALTY.--FOR EACH VIOLATION OF [SECTION
3 3345 ENFORCED UNDER] THIS SECTION, THE OWNER OF THE MOTOR
4 VEHICLE SHALL BE [LIABLE] SUBJECT TO A PENALTY AS FOLLOWS:
5 (1) THE PENALTY FOR THE VIOLATION SHALL BE A [CIVIL
6 PENALTY WITH A] FINE OF $300. THE FINE SHALL BE DISTRIBUTED
7 AS FOLLOWS:
8 (I) $250 TO THE SCHOOL [DISTRICT] ENTITY WHERE THE
9 VIOLATION OCCURRED AND WHICH AUTHORIZED THE USE OF A SIDE
10 STOP SIGNAL ARM ENFORCEMENT SYSTEM, WHICH SHALL BE
11 UTILIZED FOR THE INSTALLATION, ADMINISTRATION OR
12 MAINTENANCE OF SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEMS,
13 INCLUDING THROUGH A SYSTEM ADMINISTRATOR UNDER AN
14 AGREEMENT WITH THE SCHOOL ENTITY, ON SCHOOL BUSES;
15 (II) $25 TO THE PRIMARY POLICE DEPARTMENT THAT
16 REVIEWED THE SUBMITTED EVIDENCE [PACKAGE TO DETERMINE THE
17 VIOLATION OCCURRED] AS REQUIRED UNDER SUBSECTION (H.2);
18 AND
19 (III) $25 TO THE SCHOOL BUS SAFETY GRANT PROGRAM
20 ACCOUNT.
21 (1.1) THE FINE UNDER PARAGRAPH (1) SHALL NOT BE SUBJECT
22 TO 42 PA.C.S. § 3571 (RELATING TO COMMONWEALTH PORTION OF
23 FINES, ETC.) OR 3573 (RELATING TO MUNICIPAL CORPORATION
24 PORTION OF FINES, ETC.).
25 [(2) A REBUTTABLE PRESUMPTION SHALL EXIST THAT THE OWNER
26 OF THE VEHICLE WAS THE DRIVER AT THE TIME OF THE ALLEGED
27 VIOLATION.
28 (3) FOR EACH VIOLATION UNDER THIS SECTION, THE OWNER OF
29 THE VEHICLE SHALL BE LIABLE FOR THE FINE IMPOSED UNLESS THE
30 OWNER IS CONVICTED OF THE SAME VIOLATION UNDER SECTION 3345
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1 OR HAS A DEFENSE UNDER SUBSECTION (F).]
2 (4) A VIOLATION UNDER THIS SECTION SHALL NOT:
3 (I) BE DEEMED A CRIMINAL CONVICTION;
4 (II) BE MADE PART OF THE OPERATING RECORD OF THE
5 INDIVIDUAL UPON WHOM THE PENALTY IS IMPOSED UNDER SECTION
6 1535 (RELATING TO SCHEDULE OF CONVICTIONS AND POINTS);
7 (III) BE THE SUBJECT OF MERIT RATING FOR INSURANCE
8 PURPOSES; OR
9 (IV) AUTHORIZE IMPOSITION OF SURCHARGE POINTS IN THE
10 PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
11 (D) CERTIFICATE AS EVIDENCE.--A CERTIFICATE, OR A FACSIMILE
12 OF A CERTIFICATE, BASED UPON INSPECTION OF RECORDED IMAGES
13 PRODUCED BY A SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM AND SWORN
14 TO OR AFFIRMED BY A [POLICE OFFICER] PRIMARY POLICE DEPARTMENT
15 SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED IN IT. THE
16 SCHOOL ENTITY, THE SYSTEM ADMINISTRATOR ON THE SCHOOL ENTITY'S
17 BEHALF OR THE CONTRACTED COMPANY THAT PROVIDES PUPIL
18 TRANSPORTATION MUST INCLUDE WRITTEN DOCUMENTATION THAT THE SIDE
19 STOP SIGNAL ARM ENFORCEMENT SYSTEM WAS OPERATING CORRECTLY AT
20 THE TIME OF THE ALLEGED VIOLATION. A RECORDED IMAGE EVIDENCING A
21 VIOLATION OF THIS SECTION [3345] SHALL BE ADMISSIBLE IN ANY
22 JUDICIAL OR ADMINISTRATIVE PROCEEDING TO ADJUDICATE THE
23 LIABILITY FOR THE VIOLATION OF THIS SECTION.
24 (E) LIMITATIONS.--
25 (1) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
26 EQUIPMENT DEPLOYED AS PART OF A SIDE STOP SIGNAL ARM
27 ENFORCEMENT SYSTEM AS PROVIDED UNDER THIS SECTION MUST BE
28 INCAPABLE OF AUTOMATED OR USER-CONTROLLED REMOTE
29 SURVEILLANCE BY MEANS OF RECORDED VIDEO IMAGES.
30 (II) RECORDED IMAGES COLLECTED AS PART OF THE SIDE
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1 STOP SIGNAL ARM ENFORCEMENT SYSTEM MAY ONLY RECORD
2 VIOLATIONS OF THIS SECTION [3345] AND MAY NOT BE USED FOR
3 ANY OTHER SURVEILLANCE PURPOSES.
4 (III) RESTRICTIONS UNDER THIS PARAGRAPH SHALL NOT BE
5 DEEMED TO PRECLUDE A COURT OF COMPETENT JURISDICTION FROM
6 ISSUING AN ORDER DIRECTING THAT THE INFORMATION BE
7 PROVIDED TO LAW ENFORCEMENT OFFICIALS IF THE INFORMATION
8 IS REASONABLY DESCRIBED AND IS REQUESTED SOLELY IN
9 CONNECTION WITH A CRIMINAL LAW ENFORCEMENT ACTION.
10 (1.1) (I) TO THE EXTENT PRACTICAL, AN AUTOMATED SIDE
11 STOP SIGNAL ARM ENFORCEMENT SYSTEM SHALL USE NECESSARY
12 TECHNOLOGIES TO ENSURE THAT PHOTOGRAPHS OR RECORDED VIDEO
13 IMAGES PRODUCED BY THE SYSTEM SHALL NOT IDENTIFY, NOR BE
14 CONFIGURED TO IDENTIFY, THE DRIVER, THE PASSENGERS OR THE
15 INTERIOR CONTENTS OF THE MOTOR VEHICLE.
16 (II) NO [NOTICE OF LIABILITY ISSUED UNDER] VIOLATION
17 OF THIS SECTION MAY BE DISMISSED SOLELY BECAUSE A
18 PHOTOGRAPH OR RECORDED VIDEO IMAGE ALLOWS FOR THE
19 IDENTIFICATION OF THE DRIVER, PASSENGERS OR INTERIOR
20 CONTENTS OF THE MOTOR VEHICLE AS LONG AS A REASONABLE
21 EFFORT HAS BEEN MADE TO COMPLY WITH THIS PARAGRAPH.
22 (2) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
23 INFORMATION PREPARED UNDER THIS SECTION AND INFORMATION
24 RELATING TO VIOLATIONS OF [SECTION 3345 ENFORCED UNDER]
25 THIS SECTION WHICH [IS] ARE KEPT BY THE SCHOOL ENTITY,
26 SYSTEM ADMINISTRATOR ON THE SCHOOL ENTITY'S BEHALF,
27 CONTRACTED COMPANY THAT PROVIDES PUPIL TRANSPORTATION OR
28 PRIMARY POLICE DEPARTMENT [OF THE POLICE OFFICER HAVING
29 THE AUTHORITY TO EXERCISE POLICE POWER IN THE AREA WHERE
30 THE VIOLATION OCCURRED], ITS AUTHORIZED AGENTS OR
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1 EMPLOYEES, INCLUDING RECORDED IMAGES, WRITTEN RECORDS,
2 REPORTS OR FACSIMILES, NAMES, ADDRESSES, VEHICLE
3 INFORMATION AND THE NUMBER OF VIOLATIONS UNDER THIS
4 SECTION, SHALL BE [FOR THE EXCLUSIVE USE OF THE
5 DEPARTMENT OF THE POLICE OFFICER HAVING THE AUTHORITY TO
6 EXERCISE POLICE POWER IN THE AREA WHERE THE VIOLATION
7 OCCURRED, ITS AUTHORIZED AGENTS OR EMPLOYEES AND LAW
8 ENFORCEMENT OFFICIALS] EXCLUSIVELY USED FOR THE PURPOSE
9 OF [DISCHARGING THEIR DUTIES UNDER] ENFORCING THIS
10 SECTION THROUGH SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEMS.
11 (II) THE INFORMATION SHALL NOT BE DEEMED A PUBLIC
12 RECORD UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3),
13 KNOWN AS THE RIGHT-TO-KNOW LAW.
14 (III) THE INFORMATION MAY BE DISCOVERABLE BY COURT
15 ORDER OR OTHERWISE AND MAY BE OFFERED IN EVIDENCE IN ANY
16 ACTION OR PROCEEDING WHICH IS DIRECTLY RELATED TO A
17 VIOLATION OF [SECTION 3345 ENFORCED UNDER] THIS SECTION
18 OR ANY OTHER VIOLATION IN CONNECTION WITH A CRIMINAL LAW
19 ENFORCEMENT ACTION.
20 (3) IMAGES OBTAINED THROUGH THE USE OF A SIDE STOP
21 SIGNAL ARM ENFORCEMENT SYSTEM SHALL BE DESTROYED WITHIN ONE
22 YEAR OF FINAL DISPOSITION OF THE RECORDED EVENT. [THE VENDOR
23 OF A SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM] A SYSTEM
24 ADMINISTRATOR UNDER AN AGREEMENT WITH A SCHOOL ENTITY SHALL
25 NOTIFY THE SCHOOL ENTITY BY WRITTEN NOTICE IN ACCORDANCE WITH
26 THIS SECTION THAT THE RECORDS HAVE BEEN DESTROYED.
27 (4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
28 REGISTERED MOTOR VEHICLE OWNER INFORMATION OBTAINED AS A
29 RESULT OF THE OPERATION OF A SIDE STOP SIGNAL ARM ENFORCEMENT
30 SYSTEM SHALL NOT BE THE PROPERTY OF THE [MANUFACTURER OR
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1 VENDOR OF THE] SCHOOL ENTITY, SYSTEM ADMINISTRATOR ON THE
2 SCHOOL ENTITY'S BEHALF OR CONTRACTED COMPANY THAT PROVIDES
3 PUPIL TRANSPORTATION AND MAY NOT BE USED FOR ANY PURPOSE
4 OTHER THAN PRESCRIBED IN THIS SECTION.
5 (5) A VIOLATION OF THIS SUBSECTION SHALL CONSTITUTE A
6 MISDEMEANOR OF THE THIRD DEGREE PUNISHABLE BY A $500 FINE.
7 EACH VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT
8 OFFENSE.
9 (6) A SCHOOL ENTITY, SYSTEM ADMINISTRATOR OR CONTRACTED
10 COMPANY THAT PROVIDES PUPIL TRANSPORTATION THAT VIOLATES THIS
11 SUBSECTION IN WHICH THE PENALTY IS A MISDEMEANOR SHALL BE
12 SUBJECT TO 18 PA.C.S. § 307 (RELATING TO LIABILITY OF
13 ORGANIZATIONS AND CERTAIN RELATED PERSONS).
14 (F) DEFENSES.--
15 [(1) IT SHALL BE A DEFENSE TO A PROSECUTION USING A SIDE
16 STOP SIGNAL ARM ENFORCEMENT SYSTEM FOR A VIOLATION UNDER
17 SECTION 3345 THAT THE PERSON NAMED IN THE CITATION WAS NOT
18 OPERATING THE VEHICLE AT THE TIME OF THE VIOLATION. THE
19 PERSON SHALL BE REQUIRED TO SUBMIT EVIDENCE TO THE COURT THAT
20 THE PERSON WAS NOT THE DRIVER AT THE TIME OF THE ALLEGED
21 VIOLATION.
22 (2) THE PERSON NAMED IN THE CITATION SHALL NOT BE
23 REQUIRED TO IDENTIFY THE ACTUAL DRIVER OF THE VEHICLE AT THE
24 TIME THE VIOLATION OCCURRED.]
25 (3) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS
26 SECTION THAT THE [PERSON] OWNER NAMED IN THE NOTICE OF THE
27 VIOLATION WAS NOT OPERATING THE MOTOR VEHICLE AT THE TIME OF
28 THE VIOLATION. THE OWNER MAY BE REQUIRED TO SUBMIT EVIDENCE
29 THAT THE OWNER WAS NOT THE DRIVER AT THE TIME OF THE ALLEGED
30 VIOLATION. THE OWNER OF THE MOTOR VEHICLE MAY NOT BE REQUIRED
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1 TO DISCLOSE THE IDENTITY OF THE OPERATOR OF THE MOTOR VEHICLE
2 AT THE TIME OF THE VIOLATION.
3 (4) [IF AN OWNER RECEIVES A NOTICE OF VIOLATION UNDER
4 THIS SECTION OF A TIME PERIOD DURING WHICH THE VEHICLE WAS
5 REPORTED TO A POLICE DEPARTMENT OF ANY STATE OR MUNICIPALITY
6 AS HAVING BEEN STOLEN, IT] IT SHALL BE A DEFENSE TO A
7 VIOLATION UNDER THIS SECTION THAT THE MOTOR VEHICLE IN THE
8 NOTICE OF THE VIOLATION HAS BEEN REPORTED TO [A] ANY POLICE
9 DEPARTMENT AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED
10 AND HAD NOT BEEN RECOVERED PRIOR TO THAT TIME.
11 (5) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS
12 SECTION THAT THE PERSON RECEIVING THE NOTICE OF VIOLATION WAS
13 NOT THE OWNER OF THE MOTOR VEHICLE AT THE TIME OF THE
14 OFFENSE.
15 (6) IT SHALL BE A DEFENSE TO A VIOLATION UNDER THIS
16 SECTION THAT THE SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM
17 BEING USED UNDER THIS SECTION WAS NOT IN COMPLIANCE WITH THE
18 DEPARTMENT'S REGULATIONS WITH RESPECT TO TESTING FOR
19 ACCURACY, CERTIFICATION OR CALIBRATION.
20 (G) [APPROVAL] AGREEMENTS.--
21 (1) A SCHOOL ENTITY MAY ENTER INTO AN AGREEMENT WITH A
22 [PRIVATE VENDOR OR MANUFACTURER TO PROVIDE A SIDE STOP SIGNAL
23 ARM ENFORCEMENT SYSTEM ON EACH BUS WITHIN ITS FLEET, WHETHER
24 OWNED, CONTRACTED OR LEASED, UP TO AND INCLUDING THE
25 INSTALLATION, OPERATION AND MAINTENANCE OF THE SYSTEMS]
26 SYSTEM ADMINISTRATOR TO INITIATE ACTIONS TO ENFORCE THIS
27 SECTION THROUGH A SIDE STOP SIGNAL ARM ENFORCEMENT SYSTEM.
28 (2) EXCEPT AS OTHERWISE PROVIDED, AN AGREEMENT UNDER
29 [THIS SECTION] PARAGRAPH (1) SHALL TAKE EFFECT IN A SCHOOL
30 ENTITY BY VOTE OF THE LOCAL BOARD OF SCHOOL DIRECTORS. THE
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1 MEETING TO CONSIDER APPROVAL OF A SIDE STOP SIGNAL ARM
2 ENFORCEMENT SYSTEM SHALL BE PROPERLY NOTICED UNDER 65 PA.C.S.
3 CH. 7 (RELATING TO OPEN MEETINGS).
4 (3) ENFORCEMENT OF THIS SECTION SHALL ONLY OCCUR IN
5 THOSE JURISDICTIONS WHERE THE SCHOOL ENTITY HAS A WRITTEN
6 INTERGOVERNMENTAL AGREEMENT WITH A PRIMARY POLICE DEPARTMENT
7 FOR THAT JURISDICTION.
8 (4) COMPENSATION UNDER AN AGREEMENT AUTHORIZED BY THIS
9 SECTION SHALL NOT REQUIRE A MINIMUM OR MAXIMUM NUMBER OF
10 VIOLATIONS TO BE ISSUED THAT WOULD IMPACT THE COMPENSATION TO
11 THE SYSTEM ADMINISTRATOR.
12 (5) THE SCHOOL ENTITY, OR THE SYSTEM ADMINISTRATOR ON
13 THE SCHOOL ENTITY'S BEHALF, SHALL PROVIDE NOTICE THROUGH A
14 PUBLICLY ACCESSIBLE INTERNET WEBSITE THAT PROVIDES GUIDANCE
15 AND INFORMATION RELATED TO THE SYSTEM, INCLUDING, BUT NOT
16 LIMITED TO, THE NUMBER OF SCHOOL BUSES EQUIPPED WITH A
17 SYSTEM, THE APPEALS PROCESS LIMITED TO THE DEFENSES UNDER
18 SUBSECTION (F) AND CONTACT INFORMATION. THE WEBSITE SHALL
19 REMAIN PUBLICLY ACCESSIBLE THROUGHOUT THE PERIOD OF USE IN A
20 MANNER AS DETERMINED BY THE SCHOOL ENTITY.
21 (6) THE SCHOOL ENTITY, OR THE SYSTEM ADMINISTRATOR ON
22 THE SCHOOL ENTITY'S BEHALF, SHALL ESTABLISH AN ELECTRONIC
23 SYSTEM WHERE PROGRAM INFORMATION AND ALL VIOLATIONS, IN
24 CONFORMANCE WITH THIS SECTION, CAN BE ACCESSED AND VIEWED BY:
25 (I) THE PRIMARY POLICE DEPARTMENT FOR CONDUCTING
26 PROCEDURES UNDER SUBSECTION (H.2).
27 (II) THE DEPARTMENT'S HEARING OFFICER FOR CONDUCTING
28 PROCEDURES UNDER SUBSECTION (I.4).
29 (7) THE SCHOOL ENTITY, OR